ISLAMABAD: Supreme Court’s Justice Mansoor Ali Shah has raised concerns over the implications of withdrawing cases from judicial benches, suggesting it will undermine judicial independence. Referring to recent developments, he questioned whether committees can withdraw cases if it appears that a decision might go against the government. Justice Shah made these remarks during a contempt of court hearing led by a two-member bench he headed on Tuesday. The case arose after the Registrar of the Supreme Court failed to schedule a hearing for a matter related to bench powers despite a judicial order. At the start of the hearing, the judges questioned the registrar on why the case was not scheduled as directed. The registrar explained that the matter, initially meant for a constitutional bench, had been mistakenly assigned to a regular bench. Justice Aqeel Abbasi expressed scepticism, asking why the error was only realised now and whether his inclusion in the bench was the real issue since he had previously heard the matter in the high court. Justice Shah further inquired about the role of the Practice and Procedure Committee in this matter, asking if it convened independently or acted upon a request. The registrar admitted to sending a note to the committee, prompting Justice Shah to demand a copy of it. Upon review, the note contradicted the registrar’s earlier statements. The apex court’s senior judge pointed out that the note did not acknowledge any error but instead suggested forming a new bench based on an order issued on January 16, which already specified the bench for the case.The registrar explained that the Practice and Procedure Committee had referred the case to a constitutional bench, which reviewed relevant amendments and scheduled cases accordingly.

 

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